The Improvement Of The System Of Antimonopoly Private Action

Private antitrust enforcement is an important way of anti-monopoly law implementation, it mainly refers to the civil litigation brought by private parties party as a result of the illegal monopoly behavior causes damage. However, compared with the general civil procedure, the antitrust private litigation in the plaintiff, and the burden of proof and evidence showed significantly different legal characteristics, at the same time, the antitrust private litigation special compensation function, the deterrent function and relief function of civil action is not available. In addition, in the implementation mechanism of anti-monopoly law, there are differences between the private enforcement and public enforcement, the effective implementation of anti-monopoly law to realize, must deal with the conflict between. Since China’s implementation of "anti monopoly law" in2008, illegal monopolistic behavior has also been a certain degree of containment, but, due to the provisions of private litigation of China’s "anti-monopoly law" is too rough and simple implementation, compared to private litigation of the foreign antimonopoly law, private enforcement of anti monopoly law in China is not the ideal. In June1,2012,"the provisions on the trial of cases of civil disputes law application problems caused by the monopoly of the"(hereinafter referred to as the monopoly civil disputes judicial interpretation) formally implemented, it issues related to private litigation "anti-monopoly law" to make a correction, but the victims to file a private lawsuit is still faced with many difficulties much debated by scholars, such as the burden of proof rules. Therefore, the perfection of China’s private litigation antimonopoly law road still has a long way to go. China’s antitrust private litigation system is still immature, the problem and its shortcomings must be given sufficient attention, can be on the basis of foreign developed experience of China’s actual conditions to improve China’s antitrust private litigation system. In the real system, can build three times the damage distribution of the compensation system in our country, coupled with the limited preliminary injunction. In the program system, should increase cohesion provisions of administrative enforcement and private litigation, establish a reasonable standard definition of plaintiff qualification and group litigation system for the status quo, the burden of proof of plaintiff difficult, should establish the inversion of burden of proof.